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Firing

Treat all harassers equally, regardless of their sex

04/23/2008
In what may be a sign of growing equality, more men are complaining about sexual harassment by their female co-workers and supervisors. Although female harassers may still be in the minority, that’s no reason to dismiss claims that men make …

For some employees, banking law trumps state protections

04/23/2008
Banks chartered under the National Bank Act (NBA) don’t have to worry that some of their employment decisions will violate state wrongful-discharge laws. That’s because the NBA says all bank officers serve at the pleasure of a bank board of directors, which can terminate officers as they see fit …

Appeals court dumps whistle-Blower’s claim

04/23/2008
A three-judge panel of the 4th Circuit Court of Appeals rejected a whistle-blower claim by Mark Livingston, former training director at the Sanford vaccine plant of pharmaceuticals giant Wyeth Inc. The company fired Livingston in December 2002 …

Must we explain reason for termination?

04/23/2008
Q. We are about to terminate an employee for several reasons. Are we required to provide a written document explaining the reasons for her termination? …

Termination and unemployment comp

04/23/2008
Q. We have terminated a poorly performing employee and she has applied for unemployment benefits. Since she was terminated, is she entitled to benefits? …

Good faith is the key to litigation-Proof employment decisions

04/22/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news, because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

Good faith is the key to litigation-Proof employment decisions

04/21/2008
Employment decisions don’t have to be perfect—they just have to be based on good faith. That’s good news because it’s a fact that supervisors and managers will make mistakes. What that means: Just because an employee can prove management did something wrong doesn’t guarantee she will win a lawsuit …

How to respond when employees’ creditors come calling

04/21/2008

Record numbers of bankruptcies and foreclosures have been making news for years. However, a quieter phenomenon—one fraught with traps for unwary employers—is a concurrent and growing trend of court-ordered or government-issued wage garnishments. Here’s practical advice on what to do when someone wants a piece of your employee’s paycheck.

Is the term ‘probationary period’ dangerous?

04/18/2008
Q. Our existing employee handbook includes a probationary period for newly hired employees. In revising the handbook, should we consider omitting this provision due to the possibility that we could be altering the at-will employment relationship?

Tap into the lawsuit-saving power of self-reviews

04/17/2008

When an employee sues over an alleged discriminatory firing, courts typically make a beeline for one piece of evidence: the employee’s performance evaluation. The problem: Supervisors are notorious for giving overly kind evaluations, even to poor performers. That’s why it’s wise to get another opinion: the employee’s own …